TABLE OF CONTENTS TITLE 37 HISTORICAL AND MUSEUMS Chapter 1. General Provisions § 101. Short title of title. § 102. Declaration of policy. § 103. Definitions. § 104. Pennsylvania Historical and Museum Commission. Chapter 3. Powers and Duties of Pennsylvania Historical and Museum Commission § 301. General powers and duties. § 302. Specific powers and duties. § 303. Sites. § 304. Personal property. § 305. Documents. § 306. Publications and reproductions. § 307. Qualified historical and archaeological societies. Chapter 5. Historic Preservation § 501. Short title of chapter. § 502. Powers and duties of commission. § 503. Inclusion of property on register. § 504. Historic Preservation Board. § 505. Powers and duties of board. § 506. Archaeological field investigations on Commonwealth land. § 507. Cooperation by public officials with the commission. § 508. Interagency cooperation. § 509. Transfer of Commonwealth land involving historic resources. § 510. Approval of construction affecting historic resources. § 511. Criminal penalties. § 512. Enforcement of historic preservation laws and policies. Chapter 7. Historic Properties § 701. Title to historic property. § 702. Powers over certain historic property. § 703. Brandywine Battlefield (Repealed). § 704. Washington Crossing (Repealed). § 705. United States Brig Niagara. Chapter 9. Concurrent Jurisdiction § 901. Cession of concurrent jurisdiction. § 902. Sites affected. § 903. Transfer of personal property. § 904. Acceptance by United States. § 905. Acceptance by Governor. § 906. Police service agreements. TITLE 37 HISTORICAL AND MUSEUMS Chapter 1. General Provisions 3. Powers and Duties of Pennsylvania Historical and Museum Commission 5. Historic Preservation 7. Historic Properties 9. Concurrent Jurisdiction Enactment. Unless otherwise noted, the provisions of Title 37 were added May 26, 1988, P.L.414, No.72, effective immediately. CHAPTER 1 GENERAL PROVISIONS Sec. 101. Short title of title. 102. Declaration of policy. 103. Definitions. 104. Pennsylvania Historical and Museum Commission. Enactment. Chapter 1 was added May 26, 1988, P.L.414, No.72, effective immediately. § 101. Short title of title. This title shall be known and may be cited as the History Code. § 102. Declaration of policy. It is hereby determined and declared as a matter of legislative finding and policy that: (1) Section 27 of Article I of the Constitution of Pennsylvania makes the Commonwealth trustee for the preservation of the historic values of the environment. (2) The conservation of Pennsylvania's historic and natural heritage and the preservation of public records, historic documents and objects of historic interest, and the identification, restoration and preservation of architecturally and historically significant sites and structures are duties vested primarily in the Pennsylvania Historical and Museum Commission. (3) The irreplaceable historical, architectural, archaeological and cultural heritage of this Commonwealth should be preserved and protected for the benefit of all the people, including future generations. (4) The preservation and protection of historic resources in this Commonwealth promotes the public health, prosperity and general welfare. (5) The rapid social and economic development of our contemporary society threatens to destroy the remaining vestiges of our historic heritage. (6) It is in the public interest for the Commonwealth, its citizens and its political subdivisions to engage in comprehensive programs of historic preservation for the enjoyment, education and inspiration of all the people, including future generations. § 103. Definitions. Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Archaeological field investigation." Extensive controlled excavation of an archaeological site to study the cultural history using professionally accepted means of sampling, removing and excavating archaeological specimens, also known as phase three archaeological research or data recovery. "Archaeological specimens." All artifacts, remains, objects or any other evidence of historic, prehistoric or anthropological value, whether found above or below the surface of the earth. "Archaeological survey." A visual inspection and limited sampling and excavation of an archaeological site to determine the characteristics and physical extent of a site, also known as phase one or phase two archaeological research. "Commission." The Pennsylvania Historical and Museum Commission of the Commonwealth. "Executive director." The executive director of the commission. "Historic preservation." The research, restoration, rehabilitation and other activities furthering the protection, enhancement, preservation or enjoyment of historic resources. "Historic property." Any historical building, ground, monument or cultural remain committed by statute to the custody of the commission. "Historic resource." A building, structure, object, district, place, site or area significant in the history, architecture, maritime heritage, archaeology or culture of this Commonwealth, its communities or the nation. "Pennsylvania Register of Historic Places." A selected inventory of historic resources determined by the commission to be significant in the history, architecture, archaeology or culture of this Commonwealth, its communities or the nation. "Private historical organization." An organization constituted to engage in professional or nonprofessional activities within the disciplines of history, archaeology, museum management, natural history, the arts or historic preservation on an academic, scholarly or popular basis. "Public officials." Officers, agents and employees of the Federal Government, Commonwealth of Pennsylvania, or any of its political subdivisions. "Qualified historical or archaeological society." A private historical or archaeological organization or other historical society which satisfies the requirements provided in section 307 (relating to qualified historical and archaeological societies). "Significant archaeological site." An area of land which contains extensive evidence of previous prehistoric or historic human habitation or stratified deposits of animal or plant remains or manmade artifacts or human burials. (Nov. 28, 1995, P.L.647, No.70, eff. 60 days) 1995 Amendment. Act 70 amended the def. of "archaeological field investigation" and added the defs. of "archaeological survey" and "significant archaeological site." § 104. Pennsylvania Historical and Museum Commission. (a) Membership.--The Pennsylvania Historical and Museum Commission shall consist of the Secretary of Education, or his designee; nine residents of this Commonwealth appointed by the Governor with the advice and consent of a majority of the members elected to the Senate; and four members of the General Assembly, or their designees, two from the Senate, one of whom shall be appointed by the President pro tempore and one by the Minority Leader, and two from the House of Representatives, one of whom shall be appointed by the Speaker and one by the Minority Leader. (b) Term of office.--A member appointed from the General Assembly shall serve for a term to expire with his concurrent term as a legislator and shall serve until a successor is appointed and qualified, unless he is not elected for the next succeeding term as a member of the General Assembly, in which case a vacancy shall occur. Members other than the members of the General Assembly shall serve for a term of four years and shall serve until a successor is appointed and qualified. (c) Chairman.--One of the members shall be designated by the Governor to serve as chairman of the commission. (d) Quorum.--Eight members shall constitute a quorum. (e) Attendance at meetings.--A member who fails to attend three consecutive meetings shall forfeit his seat unless the chairman of the commission, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of an immediate family member. (f) Public hearings.--The commission shall hold public hearings in various locations throughout this Commonwealth at such places and times as it may deem appropriate. (g) Executive director.--The commission shall appoint an executive director who shall attend to the administrative work of the commission. The executive director shall serve at the pleasure of the commission, which shall fix his compensation, subject to the approval of the Governor. No member of the commission or person who has served as a member of the commission within one year shall be eligible for appointment as executive director. (h) Historical Preservation Fund.--The money collected by the commission from all fees, sales and other activities shall be paid into the State Treasury through the Department of Revenue and credited to the Historical Preservation Fund. Collections shall include the proceeds from the sale of historic properties. The money in the fund may be used by the commission and is hereby appropriated to it in exercising its powers and performing its duties as set forth in this title. (Nov. 28, 1995, P.L.647, No.70, eff. imd.; Dec. 9, 2002, P.L.1395, No.173, eff. imd.) - 3 - 2002 Amendment. Act 173 amended subsec. (h). 1995 Amendment. Act 70 amended subsec. (a). Termination of Commission. The Pennsylvania Historical and